[Federal Register Volume 69, Number 12 (Tuesday, January 20, 2004)]
[Rules and Regulations]
[Pages 2674-2677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1042]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7609-6]


Pennsylvania: Final Authorization of State Hazardous Waste 
Management Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: Pennsylvania has applied to EPA for final authorization of 
changes to its hazardous waste program under the Resource Conservation 
and Recovery Act (RCRA). EPA has determined that these changes satisfy 
all requirements needed to qualify for final authorization and is 
authorizing Pennsylvania's changes through this immediate final action. 
EPA is publishing this rule to authorize the changes without a prior 
proposal because we believe this action is not controversial and do not 
expect comments that oppose it. Unless we receive written comments 
which oppose this authorization during the comment period, the decision 
to authorize Pennsylvania's changes to its hazardous waste program will 
take effect. If we receive comments that oppose this action, or 
portions thereof, we will publish a document in the Federal Register 
withdrawing the relevant portions of this rule, before they take 
effect, and a separate document in the proposed rules section of this 
Federal Register will serve as a proposal to authorize changes to 
Pennsylvania's program that were the subject of adverse comments.

DATES: This final authorization will become effective on March 22, 
2004, unless EPA receives adverse written comments by February 19, 
2004. If EPA receives any such comments, it will publish a timely 
withdrawal of this immediate final rule in the Federal Register and 
inform the public that this authorization, or portions thereof, will 
not take effect as scheduled.

ADDRESSES: Send written comments to Charles Bentley, Mailcode 3WC21, 
RCRA State Programs Branch, U.S. EPA Region III, 1650 Arch Street, 
Philadelphia, PA 19103, Phone number: (215) 814-3379. Comments may also 
be submitted electronically to: [email protected], or by facsimile 
at (215) 814-3163. Comments in electronic format should identify this 
specific notice. You can view and copy Pennsylvania's application from 
8 a.m. to 4:30 p.m., Monday through Friday at the following locations: 
Pennsylvania Department of Environmental Protection, Bureau of Land 
Recycling and Waste Management, P.O. Box 8471, Rachel Carson State 
Office Building, Harrisburg, PA 17105-8471, Phone number (717) 787-
6239; Pennsylvania Department of Environmental Protection, Southwest 
Regional Office, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, Phone 
number: (412) 442-4120; and EPA Region III, Library, 2nd Floor, 1650 
Arch Street, Philadelphia, PA 19103-2029, Phone number: (215) 814-5254. 
Persons with a disability may use the AT&T Relay Service to contact 
Pennsylvania Department of Environmental Protection by calling (800) 
654-5984 (TDD users), or (800) 654-5988 (voice users).

FOR FURTHER INFORMATION CONTACT: Charles Bentley, Mailcode 3WC21, RCRA 
State Programs Branch, U.S. EPA Region III, 1650 Arch Street, 
Philadelphia, PA 19103-2029, Phone number: (215) 814-3379.

SUPPLEMENTARY INFORMATION:

A. Why Are Revisions to State Programs Necessary?

    States which have received final authorization from EPA under RCRA 
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste 
program that is equivalent to, consistent with, and no less stringent 
than the Federal program. As the Federal program changes to become more 
stringent or broader in scope, States must change their programs and 
apply to EPA to authorize the changes. Authorization of changes to 
State programs may be necessary when Federal or State statutory or 
regulatory authority is modified or when certain other changes occur. 
Most commonly, States must revise their programs because of changes to 
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124, 
260 through 266, 268, 270, 273 and 279.

B. What Decisions Has EPA Made in This Rule?

    EPA concludes that Pennsylvania's application to revise its 
authorized program meets all of the statutory and regulatory 
requirements established by RCRA. Therefore, we grant Pennsylvania 
final authorization to operate its hazardous waste program with the 
changes described in its application for program revisions,

[[Page 2675]]

subject to the procedures described in Section E, below. Pennsylvania 
has responsibility for permitting treatment, storage, and disposal 
facilities (TSDFs) within its borders and for carrying out the aspects 
of the RCRA program described in its application, subject to the 
limitations of the Hazardous and Solid Waste Amendments of 1984 (HSWA). 
New Federal requirements and prohibitions imposed by Federal 
regulations that EPA promulgates under the authority of HSWA take 
effect in authorized States before they are authorized for the 
requirements. Thus, EPA will implement those HSWA requirements and 
prohibitions for which Pennsylvania has not been authorized, including 
issuing HSWA permits, until the State is granted authorization to do 
so.

C. What Is the Effect of Today's Authorization Decision?

    This decision serves to authorize revisions to Pennsylvania's 
authorized hazardous waste program. This action does not impose 
additional requirements on the regulated community because the 
regulations for which Pennsylvania is being authorized by today's 
action are already effective and are not changed by today's action. 
Pennsylvania has enforcement responsibilities under its state hazardous 
waste program for violations of its program, but EPA retains its 
authority under RCRA sections 3007, 3008, 3013, and 7003, which 
include, among others, authority to:
    [sbull] Perform inspections, and require monitoring, tests, 
analyses or reports;
    [sbull] Enforce RCRA requirements and suspend or revoke permits; 
and
    [sbull] Take enforcement actions regardless of whether Pennsylvania 
has taken its own actions.

D. Why Wasn't There a Proposed Rule Before Today's Rule?

    EPA did not publish a proposal before today's rule because we view 
this as a routine program change and do not expect comments that oppose 
this approval. We are providing an opportunity for public comment now. 
In addition to this rule, in the proposed rules section of today's 
Federal Register we are publishing a separate document that proposes to 
authorize Pennsylvania's program changes. If EPA receives comments 
which oppose this authorization, or portions thereof, that document 
will serve as a proposal to authorize the changes to Pennsylvania's 
program that were the subject of adverse comment.

E. What Happens if EPA Receives Comments That Oppose This Action?

    If EPA receives comments that oppose this authorization, or 
portions thereof, we will withdraw this rule, or portions thereof, by 
publishing a document in the Federal Register before the rule would 
become effective. EPA will base any further decision on the 
authorization of Pennsylvania's program changes on the proposal 
mentioned in the previous section. We will then address all public 
comments in a later final rule. You may not have another opportunity to 
comment. If you want to comment on this authorization, you must do so 
at this time.
    If we receive comments that oppose the authorization of a 
particular change to the State's hazardous waste program, we will 
withdraw that part of this rule, but the authorization of the program 
changes that the comments do not oppose will become effective on the 
date specified above. The Federal Register withdrawal document will 
specify which part of the authorization will become effective, and 
which part is being withdrawn.

F. What Has Pennsylvania Previously Been Authorized for?

    Initially, Pennsylvania received final authorization to implement 
its hazardous waste management program effective May 29, 1986 (51 FR 
17739). EPA granted authorization for changes to Pennsylvania's 
regulatory program on May 10, 2000, effective July 10, 2000 (65 FR 
29973).

G. What Changes Are We Authorizing With Today's Action?

    On September 25, 2003, Pennsylvania submitted a program revision 
application in accordance with 40 CFR 271.21, seeking authorization of 
provisions of its hazardous waste program corresponding to changes made 
to the Federal hazardous waste regulations between July 7, 1999, and 
June 28, 2001. The Commonwealth's provisions for which it is seeking 
authorization are identical to the corresponding Federal provisions 
because the Commonwealth has incorporated the Federal provisions by 
reference. The EPA has reviewed Pennsylvania's application, and now 
makes an immediate final decision, subject to receipt of adverse 
written comment, that Pennsylvania's hazardous waste program satisfies 
all of the requirements necessary to qualify for final authorization. 
Consequently, EPA intends to grant Pennsylvania final authorization for 
the program modifications contained in the program revision 
application.
    Pennsylvania's program revision application includes regulatory 
changes to the Commonwealth's authorized hazardous waste program, 
including the adoption of the Federal hazardous waste regulations 
published between July 7, 1999 and June 28, 2001, with certain 
exceptions noted in this section. Pennsylvania is today seeking 
authority to administer the Federal requirements that are listed in the 
following chart. This chart also lists the Commonwealth's analogous 
provisions that are being recognized as equivalent to the corresponding 
Federal requirements. The regulatory references are to Title 25, 
Pennsylvania Code (25 Pa.Code), Chapters 260a through 266a, 266b, 268a, 
and 270a, effective May 1, 1999. Pennsylvania's authority to 
incorporate subsequent changes to the Federal program is found at 25 
Pa. Code, Chapter 260a.3(e).

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   Federal Register citation and date                                                 Analogous Pennsylvania
             promulgated \1\                       Federal requirement                      authority
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64 FR 56,469, 10-20-99, (RCRA Revision    40 CFR, Parts 261.32; 262.34(a)(4);    25 Pa. Code, Chapter 260a.3(e);
 Checklist 183).                           268.7(a)(3)(iii); 268.40(j); 268.40,   Incorporated by reference at
                                           Table; 268.49(c)(1)(A); and            25 Pa. Code, Chapters 261a.1,
                                           268.49(c)(1)(B).                       262a.10, and 268a.1.
65 FR 12,378, 3-08-00, (RCRA Revision     40 CFR Parts 262.34(a)(4); 262.34(g),  25 Pa. Code, Chapter 260a.3(e);
 Checklist 184).                           introduction; 262.34(g)(1);            Incorporated by reference at
                                           262.34(g)(2); 262.34(g)(3);            25 Pa. Code, Chapter 262a.10.
                                           262.34(g)(4), introduction;
                                           262.34(g)(4)(i), introduction;
                                           262.34(g)(4)(i)(A);
                                           262.34(g)(4)(i)(B);
                                           262.34(g)(4)(i)(C), introduction;
                                           262.34(g)(4)(i)(C)(1)&(2);
                                           262.34(g)(4)(ii); 262.34(g)(4)(iii);
                                           262.34(g)(4)(iv); 262.34(g)(4)(v);
                                           262.34(h); and 262.34(i).

[[Page 2676]]

 
65 FR 14,472, 3-17-00, (RCRA Revision     40 CFR Parts 261.32, Table;            25 Pa. Code, Chapter 260a.3(e);
 Checklist 185).                           261.33(f), Table; 261, Appendix VII;   Incorporated by reference at
                                           261, Appendix VIII; 268.33; 268.40,    25 Pa. Code, Chapters 261a.1
                                           Table; 268.48(a), Table.               and 268a.1.
65 FR 36,365, 6-8-00, (RCRA Revision      40 CFR Parts 261.31(a), Table and      25 Pa. Code, Chapter 260a.3(e);
 Checklist 187).                           268, Appendix VII.                     Incorporated by reference at
                                                                                  25 Pa. Code, Chapters 261a.1
                                                                                  and 268a.1.
65 FR 67,068, 11-8-00, (RCRA Revision     40 CFR Parts 261.32; 261, Appendix     25 Pa. Code, Chapter 260a.3(e);
 Checklist 189).                           VII; 261, Appendix VIII; 268.33(a);    Incorporated by reference at
                                           268.33(b), introduction;               25 Pa. Code, Chapters 261a.1
                                           268.33(b)(1); 268.33(b)(2);            and 268a.1.
                                           268.33(b)(3); 268.33(b)(4);
                                           268.33(b)(5); 268.33(c); 268.33(d),
                                           introduction; 268.33(d)(1);
                                           268.33(d)(2); 268.40, Table; and
                                           268.48(a), Table.
65 FR 81,373, 12-26-00, (RCRA Revision    40 CFR Parts 268.32(a); 268.32(b),     25 Pa. Code, Chapter 260a.3(e);
 Checklist 190).                           introduction; 268.32(b)(1)(i);         Incorporated by reference at
                                           268.32(b)(1)(ii); 268.32(b)(2)(i);     25 Pa. Code Chapter 268a.1.
                                           268.32(b)(2)(ii); 268.32(b)(3);
                                           268.32(b)(4); 268.48(a), Table UTS;
                                           268.49(d); and 268, Appendix III.
66 FR 27,2166, 5-16-01, (RCRA Revision    40 CFR Parts 261.3(a)(2)(iii);         25 Pa. Code, Chapter 260a.3(e);
 Checklist 192A).                          261.3(a)(2)(iv); 261.3(c)(2)(i);       Incorporated by reference at
                                           261.3(g)(1); 261.3(g)(2);              25 Pa. Code, Chapter 261a.1.
                                           261.3(g)(2)(i); 261.3(g)(2)(ii);
                                           261.3(g)(3); 261.3(h)(1);
                                           261.3(h)(2); 261.3(h)(2)(i);
                                           261.3(h)(2)(ii); and 261.3(h)(3).
66 FR 27,266, 5-16-01, (RCRA Revision     40 CFR Part 268, Appendix VII, Table   25 Pa. Code, Chapter 260a.3(e);
 Checklist 192B).                          I.                                     Incorporated by reference at
                                                                                  25 Pa. Code, Chapter 268a.1.
66 FR 34,374, 6-28-01, (RCRA Revision     40 CFR Part 260.11(a)(11)............  25 Pa. Code, Chapter 260a.3(e);
 Checklist 193).                                                                  Incorporated by reference at
                                                                                  25 Pa. Code, Chapter 260a.1.
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\1\ A Revision Checklist is a document that addresses the specific changes made to the Federal regulations by
  one or more related final rules published in the Federal Register. EPA develops these checklists as tools to
  assist States in developing their authorization applications and in documenting specific State analogs to the
  Federal Regulations. For more information see EPA's RCRA State Authorization web page at http://www.epa.gov/epaoswer/hazwaste/state epaoswer/hazwaste/state.

    The Commonwealth is not seeking authorization for the following 
RCRA revisions that occurred between July 7, 1999 and June 28, 2000, 
which contain elements of the Federal used oil regulations. The 
Commonwealth's used oil regulations are being revised to resemble more 
closely the Federal standards.

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          Federal requirement                 Regulatory explanation
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64 FR 52,828, 9-30-99, as amended at 64  NESHAPS: Final Standards for
 FR 63, 209, 11-19-99, (RCRA Revision     Hazardous Air Pollutants for
 Checklists 182 and 182.1).               Hazardous Waste Combustors
                                          (MACT Rule).
65 FR 42,292, 7-10-00, as amended at 66  NESHAPS: Final Standards for
 FR 24,270, 5-14-01, and 66 FR 35,087,    Hazardous Air Pollutants for
 7-3-01, (RCRA Revision Checklist 188).   Hazardous Waste Combustors;
                                          Technical Corrections.
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H. Where Are the Revised Commonwealth Rules Different From the Federal 
Rules?

    There are no differences in the provisions being authorized today. 
The Commonwealth's provisions for which it is seeking authorization are 
identical to the Federal provisions because the Commonwealth has 
incorporated the Federal provisions by reference.

I. Who Handles Permits After This Authorization Takes Effect?

    After authorization, Pennsylvania will issue permits for all the 
provisions for which it is authorized and will administer the permits 
it issues. EPA will continue to administer any RCRA hazardous waste 
permits or portions of permits which it issued prior to the effective 
date of this authorization. Until such time as formal transfer of EPA 
permit responsibility to Pennsylvania occurs and EPA terminates its 
permit, EPA and Pennsylvania agree to coordinate the administration of 
permits in order to maintain consistency. EPA will not issue any 
additional new permits or new portions of permits for the provisions 
listed in Section G after the effective date of this authorization. EPA 
will continue to implement and issue permits for HSWA requirements for 
which Pennsylvania is not yet authorized.

J. How Does Today's Action Affect Indian Country (18 U.S.C. 115) in 
Pennsylvania?

    Pennsylvania is not seeking authorization to operate the program on 
Indian lands, since there are no Federally-recognized Indian Lands in 
Pennsylvania.

K. What Is Codification and Is EPA Codifying Pennsylvania's Hazardous 
Waste Program as Authorized in This Rule?

    Codification is the process of placing the State's statutes and 
regulations that comprise the State's authorized hazardous waste 
program into the Code of Federal Regulations. EPA does this by 
referencing the authorized State rules in 40 CFR part 272. EPA reserves 
the amendment of 40 CFR part 272, subpart NN, for this authorization of 
Pennsylvania's program changes until a later date.

L. Statutory and Executive Order Reviews

    This rule only authorizes hazardous waste requirements pursuant to 
RCRA 3006 and imposes no requirements other than those imposed by State 
law (see SUPPLEMENTARY INFORMATION: Section A. Why Are Revisions to 
State Programs Necessary?). Therefore, this rule complies with 
applicable executive orders and statutory provisions as follows.
    1. Executive Order 12866: Regulatory Planning Review--The Office of 
Management and Budget has exempted

[[Page 2677]]

this rule from its review under Executive Order (EO) 12866.
    2. Paperwork Reduction Act--This rule does not impose an 
information collection burden under the Paperwork Reduction Act.
    3. Regulatory Flexibility Act--After considering the economic 
impacts of today's rule on small entities under the Regulatory 
Flexibility Act, I certify that this rule will not have a significant 
economic impact on a substantial number of small entities.
    4. Unfunded Mandates Reform Act--Because this rule approves pre-
existing requirements under State law and does not impose any 
additional enforceable duty beyond that required by State law, it does 
not contain any unfunded mandate or significantly or uniquely affect 
small governments, as described in the Unfunded Mandates Reform Act.
    5. Executive Order 13132: Federalism--EO 12132 does not apply to 
this rule because it will not have federalism implications (i.e., 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government).
    6. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments--EO 13175 does not apply to this rule because it 
will not have tribal implications (i.e., substantial direct effects on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes).
    7. Executive Order 13045: Protection of Children From Environmental 
Health & Safety Risks--This rule is not subject to EO 13045 because it 
is not economically significant and it is not based on health or safety 
risks.
    8. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use--This rule is not subject to EO 13211 
because it is not a significant regulatory action as defined in EO 
12866.
    9. National Technology Transfer Advancement Act--EPA approves State 
programs as long as they meet criteria required by RCRA, so it would be 
inconsistent with applicable law for EPA, in its review of a State 
program, to require the use of any particular voluntary consensus 
standard in place of another standard that meets the requirements of 
RCRA. Thus, Section 12(d) of the National Technology Transfer and 
Advancement Act does not apply to this rule.
    10. Congressional Review Act--EPA will submit a report containing 
this rule and other information required by the Congressional Review 
Act (5 U.S.C. 801 et seq.) to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication in the Federal Register. A major rule cannot take effect 
until 60 days after it is published in the Federal Register. This 
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This 
action will be effective on March 22, 2004.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous waste, Hazardous waste 
transportation, Indian lands, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirements.

    Authority: This action is issued under the authority of sections 
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as 
amended, 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: December 4, 2003.
James W. Newsom,
Acting Regional Administrator, EPA Region III.
[FR Doc. 04-1042 Filed 1-16-04; 8:45 am]
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